Examples of Patent Right in a sentence
Notwithstanding any provision to the contrary set forth in this Agreement, any and all issues regarding the scope, construction, validity, and enforceability of any Patent Rights or trademark rights relating to a Licensed Product will be determined in a court or other tribunal, as the case may be, of competent jurisdiction under the applicable patent or trademark laws of the country in which such Patent Right or trademark was granted or arose.
Neither Party will enter into any settlement or compromise of any action under this Section 8.4 which would in any manner alter, diminish, or be in derogation of the other Party’s rights, including rendering a claim in a Product Patent Right or Non-Product Specific Joint Patent to be invalid or unenforceable under this Agreement without the prior written consent of such other Party, which will not be unreasonably withheld, delayed or conditioned.
On a Licensed Product-by-Licensed Product basis, during the Royalty Term for such Licensed Product, if the Exploitation of such Licensed Product in Japan is not Covered by a Valid Claim of any Patent Right included in the Licensor Patent Rights , then the then-applicable Royalty rate payable with respect to Annual Net Sales of such Licensed Product pursuant to this Section 10.3 (Royalties) will be reduced by [***]%.
Each Party shall provide prompt notice to the other Party of any infringement of a Patent Right included in the (a) MKDG Technology or C4T Technology by the manufacture, use, sale or importation of a product Directed To a Collaboration Target or (b) Compound Patent Rights (each of (a) and (b), a “Competing Product Infringement”), in each case, of which such Party becomes aware.
For clarity, Licensor Patent Right Infringement excludes any adversarial Patent Prosecution proceedings.